How to Make a Claim for a Lung Cancer Misdiagnosis

When a doctor fails to identify lung cancer, valuable treatment time is lost — time that could mean the difference between life and death. While early detection often leads to successful treatment, medical negligence with the initial diagnosis forces patients to battle advanced cancer stages that could have been prevented with timely intervention.

At Jacob D. Fuchsberg Law Firm, our lung cancer misdiagnosis lawyers advocate for patients whose lives have been impacted by an incorrect or delayed cancer diagnosis. Through decades of representing New York families, we've witnessed how diagnostic errors shatter lives - and we've successfully held healthcare providers accountable for these avoidable, life-altering mistakes. This guide explains the key elements of a lung cancer misdiagnosis claim, from recognizing potential errors to securing fair compensation.

Lung Cancer Misdiagnosis Explained

Cancer misdiagnosis represents one of the most devastating forms of medical malpractice.

In New York, lung cancer cases occur at an alarming rate of 55.9 per 100,000 people, noticeably higher than the national average. Lung cancer has also become one of the most commonly misdiagnosed cancers, with a 22.5% error rate compared to just 2.4% for prostate cancer, for example.

This disparity largely stems from differences in screening practices - while other cancer screening tests have become standard in US healthcare, lung cancer screening remains below recommended levels. Such gaps in early diagnosis through medical tests and CT scans directly impact how often misdiagnosed lung cancer cases occur, often leading to delayed diagnosis and worse outcomes for patients with breast cancer, cervical cancer, and other commonly misdiagnosed conditions.

Causes of Lung Cancer Misdiagnosis

The path to a lung cancer misdiagnosis involves multiple factors and systemic failures in the healthcare system. These elements point to where medical negligence occurs in the diagnostic process.

Several factors lead to lung cancer misdiagnosis:

• Failure to order appropriate imaging tests despite persistent symptoms.
• Misreading X-rays or CT scans that show early-stage cancer cells.
• Overlooking small cell lung cancer signs, which can progress rapidly.
• Dismissing symptoms in non-smokers or younger patients.
• Not recognizing squamous cell carcinoma indicators in imaging results.
• Failure to take prior medical or family history into account.

The diagnostic process often breaks down due to poor communication between primary care physicians and specialists, incomplete patient history documentation, and missed follow-ups on abnormal test results. Carcinoid tumors formed from neuroendocrine cells frequently go unnoticed during initial screenings, adding to the complexity of accurate diagnosis.

Overlooked Signs and Symptoms of Lung Cancer

Healthcare providers must watch for lung cancer warning signs, particularly in patients with risk factors such as smoking history or asbestos-related lung cancer exposure. These signs often get dismissed or attributed to less serious conditions, delaying proper diagnosis and treatment initiation.

In addition, if you were in the vicinity of the World Trade Center after 9/11, your cancer may be linked to the toxic dust and fumes that were present in the area after the tragic events of September 11. Our World Trade Center attorneys can help you file a claim with the Victim Compensation Fund and get the compensation you deserve.

Common missed lung cancer symptoms include:

• Persistent cough that worsens over time, often labeled as a minor respiratory issue.
• Chest pain during breathing or coughing, frequently attributed to muscle strain.
• Unexplained weight loss that occurs rapidly without dietary changes.
• Shortness of breath, notably during normal daily activities.
• Coughing up blood, even in small amounts.

What Is Lung Cancer Often Mistaken For?

Lung cancer is often misdiagnosed as other, less serious conditions, leading to critical delays in treatment.

Lung cancer is frequently misdiagnosed as:

• Pneumonia, particularly when X-rays show areas of lung opacity.
• Bronchitis, especially in cases with persistent coughing.
• Asthma, when breathing difficulties are the primary indicator.
• Acid reflux, if chest pain is a prominent complaint.
• Tuberculosis, particularly in cases with chronic cough and weight loss.
• Chronic obstructive pulmonary disease (COPD).
• General anxiety disorder, when breathing issues are attributed to panic attacks.
• Chronic bronchial infections requiring repeated antibiotic treatments.

What Are the Consequences of Lung Cancer Misdiagnosis?

A delayed lung cancer diagnosis dramatically affects patient outcomes and treatment options. The consequences of such medical negligence extend far beyond immediate health concerns.

When lung cancer diagnosis comes late:

• Cancer cells spread to other organs, requiring more complex radiation therapy and treatment.
• Chances of wrongful death increase as the cancer metastasizes to a more advanced stage.
• Survival rates decrease significantly when early diagnosis opportunities are missed.
• Medical expenses mount with additional treatments and medications.
• Pain and suffering intensify for both patients and families.

You have the right to seek accountability from medical professionals who failed to provide proper care, and we are the NYC medical malpractice attorneys who have the knowledge, skills, and resources to do it.

Filing a Lung Cancer Misdiagnosis Claim

Making a claim for lung cancer misdiagnosis requires careful preparation and thorough documentation. Medical malpractice lawsuits involving cancer misdiagnosis are complex cases that demand attention to detail and proper legal guidance.

Who Can Sue for Lung Cancer Misdiagnosis?

Patients who experienced errors and delays in lung cancer diagnosis due to medical negligence can file a lawsuit through medical malpractice lawyers. You may qualify to sue if your doctor failed to diagnose lung cancer despite clear symptoms, or if delayed diagnosis led to cancer metastasizing to a more advanced stage.

Family members can also pursue wrongful death claims if a loved one died after medical professionals missed or ignored cancer warning signs. The right to sue extends to patients whose primary care physicians failed to order appropriate screening tests or follow up on concerning findings.

Who Can Be Held Liable for Lung Cancer Misdiagnosis?

Many patients ask if they can sue their doctor for cancer misdiagnosis. In truth, the full answer is that the malpractice often involves multiple healthcare providers and medical facilities who may share responsibility. A cancer diagnosis involves many steps from initial symptoms to final diagnosis, creating multiple points where errors can occur. Your medical malpractice lawsuit needs to identify all parties who failed in their duties.

A lung cancer misdiagnosis lawsuit may include these defendants:

• Primary care physicians who failed to recognize the signs of the disease or order proper screening tests like low-dose computed tomography.
• Radiologists who misinterpreted chest X-rays, CT scan results, or positron emission tomography findings.
• Oncologists who missed signs of cancer cells or delayed treatment for advanced-stage cancer.
• Hospitals and medical centers are responsible for systematic diagnostic failures and inadequate follow-up procedures.
• Pathology labs that provided incorrect test results, leading to medical negligence.
• Emergency room staff who dismissed early warning signs of lung cancer.

Additionally, medical professionals like pulmonologists who failed to investigate persistent symptoms, healthcare facilities with poor communication systems, and specialist consultants who provided incorrect assessments may also face liability in cancer misdiagnosis claims.

Steps We Will Take to File Your Lung Cancer Misdiagnosis Claim in New York

When aggressively pursuing a lung cancer misdiagnosis claim, documentation and timing shape your case strength. Medical records must show how healthcare providers responded to symptoms. Here are the steps:

• Collect medical records and imaging: Gather documentation from all healthcare providers, including screening tests, CT scans, low-dose computed tomography results, radiation therapy records, positron emission tomography reports, and consultation notes about your lung cancer diagnosis.
• Document timeline: Create a dated record of all symptoms of lung cancer, medical visits with your primary care physician, shortness of breath episodes, test results, and how other medical conditions were diagnosed instead of cancer.
• Secure evidence: Obtain proof of doctor-patient relationships through medical records, track lost wages and medical expenses, document asbestos-related lung cancer exposure if applicable, and maintain records of pain and suffering.
• Legal consultation: Meet with medical malpractice lawyers for a free consultation to evaluate your case and discuss options for your cancer misdiagnosis claim. They will handle expert medical reviews and testimony.
• Ensure you are compliant with statute of limitations: If the facility responsible for your misdiagnosis is federally funded or operated by the city, there are additional documents that must be filed if you want to pursue a claim against them. For New York City operated facilities, you must file a Notice of Claim within 90 days of the incident.
• File legal documents: Submit paperwork within required deadlines, including evidence of non-economic damages, medical malpractice documentation, and any wrongful death aspects if cancer metastasized due to delayed diagnosis.
• Compile damages: Document all losses including current medical expenses, costs of radiation therapy, medication expenses, lost wages, and impact on quality of life.
• Gather supporting evidence: Collect testimonies and additional documentation that demonstrate how the delayed diagnosis impacted your health outcomes and daily life.

Proving Medical Negligence in a Lung Cancer Misdiagnosis Case

Building a successful lung cancer misdiagnosis lawsuit demands clear evidence of medical negligence. This involves demonstrating that healthcare providers missed obvious signs or failed to follow the standard of care with diagnostic protocols that would have revealed the presence of cancer cells. The impact of these failures must be clearly documented, showing how earlier diagnosis would have led to different treatment options and better outcomes. To succeed, your case must establish these key elements:

• Established doctor-patient relationship during diagnosis period.
• Healthcare provider failed to meet standard protocols for diagnosing lung cancer.
• Delay led to advanced lung cancer or other complications.
• Patient suffered measurable harm from the medical negligence.
• Clear link between delayed cancer diagnosis and worse outcomes.

New York Filing Deadlines for Lung Cancer Misdiagnosis Claims

In New York, you must file your cancer misdiagnosis claim within a specific time frame, or you'll possibly lose your right to seek compensation. This time frame is called the Statute of Limitations. Here's when the clock starts ticking for your medical malpractice lawsuit:

• Standard cases: You have 2.5 years from when the doctor made the mistake (like missing cancer on an X-ray or CT scan).
• Continuous treatment cases: If you continue seeing the same doctor for your condition, you have 2.5 years from your last visit with them, even if the medical mistake was made earlier.
• Hidden error cases: Your time starts when you find out about the misdiagnosis (for example, when another doctor finally discovered your lung cancer).
• New York City hospital cases: You must file a Notice of Claimt within 90 days if your claim involves a public hospital.
• Federally funded hospital or clinic cases: You must file a Federal Tort Claims Act within 2 years of the incident if the defendant is a federally funded hospital or clinic.

Medical malpractice lawyers recommend starting your case as soon as you suspect a missed lung cancer diagnosis. Many patients lose their chance at compensation for medical expenses and pain and suffering simply because they waited too long to file.

Available Compensation in Lung Cancer Misdiagnosis Cases

The impact of a lung cancer misdiagnosis extends far beyond immediate medical needs. Patients often face mounting medical expenses while simultaneously losing income due to their inability to work. The emotional toll of knowing earlier treatment could have prevented advanced lung cancer adds another layer of compensable damages. A successful medical malpractice lawsuit can help recover:

• Current treatment costs for advanced lung cancer.
• Future medical expenses, including potential clinical trials.
• Lost wages and diminished earning capacity.
• Pain and suffering from incorrect or delayed treatment.
• Additional treatments needed due to cancer cells spreading.
• Home care and medical equipment.
• Travel expenses for specialized cancer treatment.
• Impact on quality of life.

Average Lung Cancer Misdiagnosis Settlement Values in NY

In New York City, settlements for misdiagnosed lung cancer cases generally fall between a few hundred thousand and several million dollars, similar to other cancer misdiagnosis cases. However, each case's value depends heavily on specific circumstances:

• Stage of cancer when properly diagnosed.
• Time between symptoms and accurate diagnosis.
• Impact on treatment options and survival rates.
• Presence of asbestos-related lung cancer factors.
• Age and overall health of the patient.
• Economic losses caused by medical malpractice.
• Cost of ongoing cancer treatment.
• Geographic location.

Why Work with a Medical Malpractice Attorney in a Lung Cancer Misdiagnosis Case

Successfully navigating a lung cancer misdiagnosis claim requires deep understanding of both medical and legal complexities. Cases involving cancer misdiagnosis often present unique challenges, from interpreting complex medical records to establishing clear links between delayed diagnosis and worsened outcomes.

Our medical malpractice lawyers handling your case will:

• Navigate complex medical documentation and terminology.
• Identify main evidence of diagnostic failures.
• Connect with medical experts in lung cancer diagnosis.
• Calculate comprehensive damages, including future care needs.
• Handle communications with insurance companies.
• Meet all legal deadlines and requirements.
• Present technical medical information effectively to juries.

Our Lung Disease Misdiagnosis Success Stories

Our firm has successfully represented numerous clients whose lives were impacted by delayed or missed diagnoses. Here are just two examples of cases where we helped our clients receive the compensation they deserved:

$950,000 Settlement for Delayed Prison Cancer Diagnosis

A recent case demonstrates the impact of proper legal representation in lung cancer misdiagnosis claims. Our firm secured a $950,000 settlement for an incarcerated client whose symptoms were repeatedly dismissed over five months. Despite frequent visits to the prison infirmary with worsening respiratory conditions, he never received proper examination or diagnostic testing.

The delay in cancer diagnosis proved catastrophic. His condition progressed to stage 4 cancer before diagnosis, significantly reducing available treatment options. This medical malpractice led to a substantial decrease in life expectancy, caused a major impact on his quality of life, and resulted in unnecessary pain and suffering that could have been prevented with proper care.

Through careful documentation and expert testimony, we at Jacob D. Fuchsberg Law Firm demonstrated how standard diagnostic protocols would have identified the cancer months earlier.

$600,000 Settlement for Delayed Lung Disease Treatment

Another case shows how our firm secured a $600,000 settlement for a 58-year-old woman who required a lung transplant after a six-year delay in proper diagnosis.

Following an abnormal CT scan in 2012, the client developed worsening symptoms including chronic dry cough and physical impairments, yet her physician failed to order appropriate pulmonary evaluation. When finally referred to a pulmonologist in 2018, she required immediate intervention and ultimately underwent a lung transplant.

Despite defense arguments that the disease had no cure, our legal team successfully demonstrated that earlier diagnosis would have led to better treatment options and quality of life for the client.